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HomeMy WebLinkAboutAgenda - 01-21-20 6-a - 2020 Greene Tract Resolution and Environmental Assessment Interlocal Agreement 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 2020 Action Agenda Item No. 6-a SUBJECT: 2020 Greene Tract Resolution and Environmental Assessment Interlocal Agreement DEPARTMENT: County Manager's Office, Attorney's Office, Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Greene Tract Vicinity Map Bonnie Hammersley, County Manager, 2. Proposed 2020 Resolution 919-245-2306 3. Proposed Environmental Assessment Travis Myren, Deputy County Manager, Interlocal Agreement 919-245-2308 John Roberts, County Attorney, 919-245- 2318 Craig Benedict, Planning Director, 919-245- 2575 PURPOSE: To consider approval of the 2020 Greene Tract Resolution and Interlocal Agreement between Orange County, the Town of Chapel Hill, and the Town of Carrboro to jointly fund the costs of an environmental assessment related to the Greene Tract. BACKGROUND: The Greene Tract is a 164 acre parcel of which 104 acres is jointly owned by Orange County/Chapel Hill/Carrboro and 60 acres owned by Orange County (Headwaters Preserve). In 2001/2002, local governments approved a resolution conceptualizing uses of the 104 acre joint owned area. In 2017, local governments agreed to have the Managers, Mayors, and Chair (MMC) consider preservation and development options for the Greene Tract. Starting in May 2017, a joint staff work group began to examine the preservation and development potential of the existing Greene Tract. The MMCs requested that each alternative include specific elements and goals including, but not limited to, incorporate a future elementary school and park site, preserve valuable environmental features and corridors, protect historical and cultural resources, encourage cost effective infrastructure, and identify areas for future development. In addition, the MMC recommended staff examine the reconfiguration of the joint owned and county owned tracts. The purpose of this request was to determine the feasibility in adopting a revised resolution supporting the reconfiguration of these tracts. The 60 acres which are county owned would be established as prime preservation areas. These goals and objectives, vetted through a multijurisdictional staff work group, assisted in the development of the 2019 Greene Tract Resolution and Conceptual Plan. 2 January 29, 2019 Assembly of Governments Meeting The 2019 Greene Tract Resolution and Conceptual plan were presented at the January 29, 2019 Assembly of Governments meeting. Elected officials stated support for the resolution and conceptual plan. February 12, 2019 Carrboro Board of Aldermen Meeting The 2019 Greene Tract Resolution and Conceptual Plan were adopted by the Carrboro Board of Aldermen. February 19, 2019 Orange County Commissioners Meeting The 2019 Greene Tract Resolution and Conceptual Plan were adopted by the Orange County Board of Commissioners. February 20, 2019 Chapel Hill Town Council Meeting The 2019 Greene Tract Resolution and Conceptual Plan were presented to the Chapel Hill Town Council. The Council approved the exchange of acreage from jointly-owned to county- owned and county-owned to jointly-owned commencing the recombination process and the exploration of ways to protect the County-owned Headwaters Preserve and Jointly-owned preserve areas. However, the conceptual plan with linked land use designations were not approved at this time. July 15, 2019 Chapel Hill Town Council Meeting The 2019 Greene Tract Resolution and Conceptual Plan were presented to the Chapel Hill Town Council for adoption consideration. The Council approved a substitute Resolution (Option C) which was not the same resolution and conceptual plan adopted by Orange County and the Town of Carrboro. This resolution and conceptual plan acknowledged action taken at their February 20 meeting and approved land use acreage designations, but did not specify land use designations on the adopted conceptual plan. In addition, the Town Council adopted a second resolution outlining next steps for the Greene Tract, which included the completion of an environmental assessment. This element was not contained in the resolutions adopted by Orange County and of the Town of Carrboro since a multi-jurisdictional environmental scan was conducted. 2020 Greene Tract Resolution Following the July Chapel Hill Town Council meeting, local governments have been working to bridge the two resolutions adopted by the Towns and County. In addition, the local governments have considered the importance of the environmental assessment and how to proceed. As a result of these discussions, a 2020 Greene Tract resolution was proposed. This resolution would provide a process for the three jurisdictions to move forward in their pursuit of development on the Greene Tract and would provide guidance and next steps while a memorandum of understanding document is drafted. The resolution would: 1. Initiate an environmental assessment of the 164 acre Greene Tract to determine the most environmental sensitive area to be designated as the Headwaters Preserve. 2. Initiate drafting of a Memorandum of Understanding between the three jurisdictions. This document would detail decision making process for the jurisdictions to agree to. 3. Delay public engagement efforts until agreement of a Memorandum of Understanding. 3 With adoption by all three governing boards, the attached resolution would supersede the 2002 Resolution, approved December 10, 2002, and the 2019 Resolution adopted on February 19, 2019 which outlined the County and Towns' intentions for developing the Greene Tract. Greene Tract Environmental Assessment Interlocal Agreement The proposed 2020 Greene Tract resolution outlines next steps, which includes the initiation of an environmental assessment of the 164 acre Greene Tract to determine the most environmental sensitive area to be designated as the Headwaters Preserve along with required environmental areas within the 104 acres. The purpose of this environmental assessment is to obtain site-specific information on environmental conditions present on the Greene Tract in order to identify areas of the property to be preserved and/or protected. The assessment will also balance the environmental conditions in conjunction with future infrastructure (i.e. roads, water, sewer, stormwater, etc.) necessary for adjacent future development. A future developer would use this information as a base and not have to duplicate such work. After future preserved areas are identified, then other areas that could be considered for desired uses as determined in future site evaluations, suitability analyses, community input sessions, site plans, and development proposals. Orange County, in partnership with the Towns of Chapel Hill and Carrboro, will be providing joint funding to cover the costs of the environmental assessment as outlined in the Interlocal Agreement (Attachment 3). The estimated cost for the environmental assessment is $40,000. Based on the proposed cost share agreement of 43/43/14 percent (Orange County/Chapel Hill/Carrboro respectively), Orange County's cost share will be approximately $17,200. The proposed Interlocal Agreement has also been reviewed by the respective Attorneys of the three local governments. The 2020 Greene Tract Resolution and Interlocal Agreement are planned for adoption consideration at the January 21 Carrboro Board of Aldermen meeting and the January 22 Chapel Hill Town Council Meeting. Any amendments to the resolution and/or interlocal agreement by the Town of Chapel Hill and the Town of Carrboro would prompt a return to the BOCC for consideration. FINANCIAL IMPACT: There is no direct financial impact associated with the 2020 Greene Tract Resolution. Following adoption of the proposed Interlocal Agreement, Orange County will be responsible for paying the provider as detailed in the proposed Interlocal Agreement from the current (FY19/20) Budget/Capital Investment Plan (CIP). The Towns will be notified of the County's payment and authorize reimbursement to the County based on the proposed cost share agreement (Chapel Hill 43% and Carrboro 14% of the total cost). If the cost of the environmental assessment exceeds the allocated budget, Orange County staff will present a budget or CIP amendment to the BOCC for consideration. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. 4 • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impact is applicable to this item: • RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY Assess and where possible mitigate adverse impacts created to the natural resources of the site and adjoining area. Minimize production of greenhouse gases. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the 2020 Greene Tract Resolution and Environmental Assessment Interlocal Agreement; 2. Discuss as appropriate; 3. Approve and authorize the Chair to sign the 2020 Greene Tract Resolution contained in Attachment 2; and 4. Approve the Environmental Assessment Interlocal Agreement contained in Attachment 3 and authorize the County Manager and Finance Director to sign. 1 40 . I '• I /l MOM1■■�� �1 1 MENA lie 1� �� r �:r►�.�':���� �� �I'����1 AID ;-�� _-■ ■1■■■11■■■ .I Ell, IIILu O��uu pave ■ - - � = - /�. �11111111111 �� �1 Attachment 2 6 R ES-2020-001 RESOLUTION A RESOLUTION FOR A PATH FORWARD PROCESS FOR FURTHER ASSESSMENT OF THE GREENE TRACT WHEREAS, in 1984, Orange County and the Towns of Carrboro and Chapel Hill jointly purchased the property known as the Greene Tract(164 acres more or less); and WHEREAS, in 2000,title to 60 acres of this property was deeded exclusively to the Orange County Solid Waste Enterprise Fund for non-landfill solid waste purposes under provisions of the 1999 Interlocal Agreement for Solid Waste Management; and WHEREAS, at that time, the remaining 104 acres was retained in joint ownership by the three governments (with the intent that the future uses of the property would be determined at a future time); and WHEREAS, the 60-acre parcel (designated as the Headwaters Preserve by the Orange County Board of Commissioners on October 18, 2016) was purchased by Orange County via reimbursement to the Solid Waste Enterprise Fund in 2016;and WHEREAS, in 2002 Orange County and the Towns of Carrboro and Chapel Hill adopted the 2002 Resolution which called for approximately 86 acres for open space and 18 acres for affordable housing on the jointly-owned land; and WHEREAS, the Greene Tract is part of the Historic Rogers Road Neighborhood where the Towns of Chapel Hill and Carrboro have researched market development potential and zoning to implement a planning program in the overall area; and WHEREAS, over the last 16 years, various joint planning studies and collaborations with the community and school district have suggested land use and acreage needs;and WHEREAS, Mayors for Carrboro and Chapel Hill and the Orange County Commissioners Chair have agreed to jointly pursue an update to the 2002 Resolution and have been meeting with respective management and supporting staff, as suggested by the elected officials at an Assembly of Governments meeting in 2017, to determine next steps for preservation and development of the Greene Tract; and WHEREAS, on February 12, 2019 the Carrboro Board of Aldermen and on February 19, 2019 the Orange County Commissioners voted to approve a resolution to support adjusting the property lines of the 104-acre jointly-owned tract and the 60-acre Headwaters Preserve, creating a jointly-owned preserve, indicating land uses, and conceptually agreeing to consider development of the Greene Tract; and WHEREAS, on February 20, 2019 the Chapel Hill Town Council voted to approve the exploration of ways to protect the County-owned Headwaters Preserve and a proposed jointly- owned preserve area; and WHEREAS, the Chapel Hill Carrboro City Schools in a letter dated May 22, 2019, have indicated the district's continued interest in designation of a school site to be located on the Greene Tract; and 7 WHEREAS, on July 15, 2019 the Chapel Hill Town Council adopted a resolution to support adjusting the property lines on the tract and the Headwaters Preserve, creating a jointly-owned preserve, and conceptually agreeing to consider development of the Greene Tract; and WHEREAS, at that time the Chapel Hill Town Council did not agree to designating the land uses indicated on the maps attached to the Carrboro and County's resolutions; and WHEREAS, the three jurisdictions agreed conceptually to the following land use designations: • Approximately 22 acres for joint preserve; • A minimum of 16 acres for public school site and public recreational facility site; • Approximately 66 acres for housing/mixed use; and WHEREAS, the Chapel Hill Town Council also adopted a resolution on July 15, 2019 committing to holding a series of community meetings, soliciting input from the public and respective advisory boards regarding land uses and densities, initiate environmental and connectivity assessment; and initiate steps to protect the jointly-owned preserve and the Headwaters Preserve in perpetuity; and WHEREAS, an environmental assessment would be based on the highest protective environmental regulations of the three jurisdictions (Carrboro, Chapel Hill, and Orange County) and as also defined by the Army Corps of Engineers for wetlands determination; and WHEREAS, in the interest of working together, Carrboro, Chapel Hill, and Orange County elected boards have considered this resolution to determine a joint path forward; and WHEREAS, each board will consider this resolution in January 2020 outlining next steps and provide direction to their respective staff; and WHEREAS, this resolution attempts to consolidate the differences and supersede the resolutions adopted in February 2019 by the Carrboro Board of Aldermen and the Orange County Commissioners and the resolution adopted in July 2019 by the Chapel Hill Town Council; and WHEREAS, analysis of the Greene Tract's past, present, and future identified the following land use needs and goals: • Promote mixed-income housing opportunities; development of housing that serves a range of incomes • Preserve valuable environmental features including tree canopy, open space, stream buffers, and wildlife corridors; • Protect historical and cultural resources; • Promote cost effective infrastructure; • Incorporate school and recreation sites; • Earmark development areas for mixed income housing and mixed use potential; and WHEREAS, the staff work group considered direction from the respective governing boards, specialized staff, housing partners, and community in developing a conceptual process for the Greene Tract. 8 NOW, THEREFORE,BE IT RESOLVED THAT the Orange County Board of Commissioners: 1. Jointly pursue an environmental assessment of the entire 164 acres to consider designating the most environmentally sensitive area as the Headwaters Preserve with a cost share Interlocal Agreement for that analysis of 43/43/14 percent(Orange County/Chapel Hill/Carrboro respectively). a. Environmental assessment of the site should include site topography, habitat for species of special concern, wetlands, stream corridors, and cultural and historic resources. b. Best practical alternative shall be evaluated to balance environmental and infrastructure needs (i.e. roadway, water, sewer, stormwater, etc.). 2. Jointly pursues a Memorandum of Understanding for future decision-making process. This document will be used to ensure the parties participate in good faith in the planning process for potential development of the Greene Tract. The document will describe community outreach efforts. 3. Jointly agrees to not initiate formal public engagement until completion of the Memorandum of Understanding document. 4. Jointly agrees any potential developers of the Greene Tract may rely upon and utilize the environmental assessment contemplated herein and shall not be required to conduct or obtain a separate environmental assessment. 5. Agrees to discussion of the Greene Tract at the 2020 Assembly of Governments meeting on January 28, 2020. This the day of , 2020. Penny Rich, Chair Orange County Board of County Commissioners ATTEST: Donna Baker, Clerk to the Board of County Commissioners 9 Attachment 3 SECOND DRAFT AGREEMENT AMONG ORANGE COUNTY AND THE TOWNS OF CHAPEL HILL AND CARRBORO, NORTH CAROLINA TO OBTAIN AN ENVIRONMENTAL ASSESSMENT FOR THE GREENE TRACT This Agreement is made among Orange County and the Towns of Chapel Hill and Carrboro, North Carolina to obtain an environmental assessment for the Greene Tract as follows: WITNESETH WHEREAS, Orange County and the Towns of Chapel Hill and Carrboro ("the parties") each have an ownership interest in certain contiguous parcels of land located in the County and lying south of Eubanks Road, collectively known as the "Greene Tract," consisting of a total of approximately 164 acres ("the entire tract"), of which approximately 60 acres are solely owned by Orange County and approximately 104 acres are owned in different percentage shares by the County and the Towns; WHEREAS, on December 18, 2019, representatives of the parties met to discuss next steps in the parties' consideration about the future use of the Greene Tract and recommended obtaining an environmental assessment of the entire tract in furtherance of that consideration; WHEREAS, the parties conclude that obtaining an environmental assessment of the entire Greene tract would be beneficial to them as a first step in obtaining site- specific information on environmental conditions present on the tract; and WHEREAS, the parties have adopted a resolution to authorize an environmental assessment for the entire Greene tract. NOW, THEREFORE, in consideration of the foregoing and based on the promises and obligations herein, the County and the Towns agree as follows: 1. Orange County staff shall: (i) develop, through collaboration among the parties' staffs, an RFP for an environmental assessment of the entire tract and the scope of work for the assessment; (ii) disseminate the RFP to prospective providers of the assessment and select a suitable provider for the assessment based on the 1 10 recommendation of the parties' staffs; (iii) notify the Towns of the provider selected by the County to conduct the assessment; (iv) enter into a contract for the assessment with the provider selected and provide a copy of that contract to the Towns; and (v) provide to the Towns a copy of the assessment when it is completed. 2. Orange County shall be responsible for paying to the provider of the assessment the total cost of it under the County's contract with the provider; and the Towns shall, after notification by the County of its payment to the provider and the total amount of that payment, promptly authorize reimbursement to the County for the total cost of the study as follows: for Chapel Hill, 43% of the total cost; and for Carrboro, 14% of the total cost. 3. This agreement shall be effective as of the date when all of the parties have executed it by their managers with the attestation of the parties' clerks below and shall terminate upon full performance of the obligations of all parties under the agreement. In witness whereof, the parties, by their authorized managers, with the attestation of the parties' clerks, have hereunder set their hands and seals on the dates provided: Manager, Orange County Finance Director, Orange County ATTEST By: Clerk Date: Manager, Town of Chapel Hill Finance Director, Town of Chapel Hill 2 11 ATTEST By: Clerk Date: Manager, Town of Carrboro Finance Director, Town of Carrboro ATTEST By: Clerk Date: 3